New York Court of Appeals

Elias W. Curtis, Respondent v. the Delaware, Lackawanna and Western Railroad Company, Appellant

June 11, 187874 N.Y. 116

Summary

The Court affirmed the trial judgment for the plaintiff, holding that New York law governs the contract for baggage delivery, the husband may sue despite not being a passenger, he retains title to his wife's paraphernalia, ordinary negligence—not gross negligence—suffices for liability, and the railroad was liable as a warehouseman/bailee for the loss.